Arbitrator's Decision To Defer Compliance With Essential Pre-Condition In Agreement Amounted To Rewriting Contract, Vitiated It: Delhi HC

The Delhi High Court Bench of Justice Jasmeet Singh while allowing a petition under Section 34, Arbitration and Conciliation Act (“ACA”) observed that when the contract required the bidder to establish an office in India as a pre-requisite to performance, the decision by the Arbitrator holding that compliance could be deferred, amounted to rewriting the contract. Such a holding...

'Robe May Rest But Responsibilities Don't': Justice Shalinder Kaur Bids Farewell To Delhi High Court

Justice Shalinder Kaur bid farewell to the Delhi High Court on Wednesday, saying that the robe may rest but the responsibilities don't. “If I leave behind anything, I hope it is few words written compassion, a few orders passed with conviction and a career defined by hard work and integrity,” the judge said. Justice Kaur joined the Delhi Judicial Service in 1992 and was promoted to the...

'Creating Additional Tehsildar Office Does Not Tantamount To New Revenue Area Under Maharashtra Land Revenue Code': Bombay High Court

The Bombay High Court has held that the creation of an office of an Additional Tehsildar for administrative convenience does not amount to the creation or constitution of a new revenue area under Section 4 of the Maharashtra Land Revenue Code, 1966. The Court clarified that such appointments are permissible under Sections 7 and 13 of the Code and do not require compliance with...

Delhi High Court Grants Interim Relief To Castrol Over '3X Protection' Trademark On Engine Oil Packaging

The Delhi High Court has restrained one Sanjay Sonavane from issuing any groundless threats of Trademark/ Copyright infringement to Castrol Limited, which uses '3X Protection' mark on its engine oil packaging, over purported infringement of the former's 3P Marks.Justice Tejas Karia observed that Castrol has made out a prima facie case in its favour that the threats issued by the Defendants...

Assam Govt Defends Allotment Of 3000 Bighas Of Tribal Land To Private Company, Says It Was Done After Following Due Process

In relation to the Assam Government granting 3000 bighas of land to Mahabal Cements for mining in the Dima Hasao region, the Assam Government, on Wednesday, informed the Gauhati High Court that the process adopted for allotment of land was done by following due process of law and the aspect of clearance by the Ministry of Environment, Government of India would come at a later stage.Earlier,...

'Public Employment Opportunities Are Scarce, Recruitment Must Be Sacrosanct': P&H High Court Voids Appointment Based On Forged Docs

The Punjab and Haryana High Court has held that recruitment in public employment must remain sacrosanct, declaring that an appointment obtained on the basis of forged documents is “void ab initio”.10 years after being appointed as Assistant Lineman, the authorities found that documents submitted were forged.Justice Harpreet Singh Brar said, “Public employment opportunities are both rare...

Writ Court Is Empowered To Direct Article 12 Authority To Release Admitted Dues For Work Done To Satisfaction Of Authority: Calcutta High Court

The Calcutta High Court bench of Justice Aniruddha Roy has held that once a Work Order is issued and the work is completed to the satisfaction of an authority falling under Article 12 of the Constitution of India, it becomes mandatory for the authority to release the payment. Failing this, the Court, in exercise of its jurisdiction under Article 227 of the Constitution, can direct...

Supreme Court Judge Urges Delhi High Court To Commence Live Streaming, Says Justice Must Be Accessible Across Board

Supreme Court judge, Justice Vikram Nath on Wednesday urged the Delhi High Court judges to commence live streaming of court proceedings. “Delhi High Court has still not gone online. Live streaming is not here in Delhi…Delhi High Court must go [live]. It is the premier institution of the country. Delhi high court must, that's my request,” he said. Justice Nath inaugurated the Delhi...

AO Can Determine Annual Value Of Property Higher Than Municipal Rateable Value U/S 22 Income Tax Act: Bombay High Court

The Bombay High Court stated that the assessing officer (AO) can determine the annual value of the property higher than the municipal rateable value under Section 22 of the Income Tax Act. Section 22 of the Income Tax Act, 1961 deals with the "taxability of 'Income from House Property”. It says the annual value of property consisting of any buildings or lands appurtenant thereto...

Pre-Institution Mediation Is Mandatory When Plaint Is Filed U/S 12A Of Commercial Courts Act Unless Genuine Urgency Exists: HP High Court

The Himachal Pradesh High Court held that when a plaint is filed under Section 12A of the Commercial Courts Act, 2015, the plaintiff cannot bypass the mandatory pre-institution mediation unless the relief sought is urgent. The Court remarked that a commercial suit filed without undergoing pre-institution mediation, in cases where no genuine urgency exists, must be rejected under...

Centre Notifies Appointment Of Justice Shree Chandrashekhar As Chief Justice Of Bombay High Court

The Central Government on Thursday (September 4) notified the appointed of Justice Shree Chandrashekhar as Chief Justice of Bombay High Court.Union Law Minister Arjun Ram Meghwal took to X to notify the appointment. The post reads:"In exercise of the powers conferred by the Constitution of India, in consultation with the Chief Justice of India, the President is pleased to appoint Shri...

Citizens' Right To Clean Water Prevails: Bombay High Court Declines Plea To Immerse 'Eco-Friendly' Ganesh Idol In Natural Lake

The Bombay High Court on Thursday (September 4) refused permission to citizens of Mumbai's plush Malabar Hill area to immerse their "eco-friendly" Ganesha idols at city's Banganga Talao (lake). A division bench of Acting Chief Justice Shree Chandrashekhar and Justice Aarti Sathe refused to grant any relief to the petitioner Sanjay Shirke. According to Shirke, he and...